Pentagon officials have been frustrated for months over an Alabama senator’s blockade of more than 300 senior military nominations. But after the Marine Corps chief was hospitalized over the weekend, that frustration is turning into rage.
Gen. Eric Smith had been filling both the No. 1 and No. 2 Marine Corps posts from July until he was finally confirmed as commandant in September. He, along with more than 300 other senior officers, was swept up in the promotions blockade put in place by GOP Sen. Tommy Tuberville in protest of the Pentagon’s abortion travel policy.
In an interview Wednesday, Tuberville brushed off the comments from the DOD officials.
“They’re looking for someone to blame it on, other than themselves,” he said. “We could have all these people confirmed if they’d have just gone by the Constitution.
“I don’t listen to these people,” he added. “They’re just looking for any possible way to get themselves out of a jam.”
There is one other thing that could be done...but won't be.
Qui tacet consentire videtur ubi loqui debuit ac potuit. "He who is silent, when he ought to have spoken and was able to, is taken to agree."
If they simply decided to adopt a silence gives consent rule for the Senate's role of advice and consent for all appointments, they would no longer be able to obstruct by simply holding off on things. The senate could still deny consent by voting against a candidate and explicitly not confirming them, but doing nothing would automatically become consent and pass unopposed.
This is what Obama should have done with Merrick Garland, not to mention all those other federal judge appointments. Simply go 'okay, you're not voting on it, which means you're silent, which means you consent. All appointments approved!'
Edit: Although truthfully the idea that the Senate needs to confirm every military promotion is so insanely stupid that I can't understand how it's ever become the standard. The only reason Tuberville can do this is because these promotions are usually passed behind the scenes with unanimous consent - he can't actually block them...he can just make them be voted on. And yet, the volume of promotions means that simply voting on them would take up all of the Senate's time. The Senate really should only need to confirm the highest levels, not every single promotion in the entire military.